AI Overview...
- Anticipatory Bail in NDPS Act - Main points and insights:
- Courts have granted anticipatory bail (AB) primarily based on the absence of recovery of contraband and reliance on the disclosure statement of co-accused, rather than direct evidence (INDPH00000030391, 02300079074, 02300081006, 02300065979).
- Several judgments highlight the cautious approach towards disclosure statements under Sections 67 and 27A of the NDPS Act, emphasizing that such statements alone are insufficient for granting AB without corroborative evidence (00100076989, 02300079171, 02300079074).
- The admissibility and weight of disclosure statements are scrutinized, especially when made by co-accused, with courts often requiring additional evidence to justify bail (02300079785, 02300079049).
- Courts have distinguished between cases where contraband quantities are commercial versus personal use, influencing the likelihood of bail being granted based solely on disclosure statements (02300079785).
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Past case law, including Tofan Singh v. State of Tamil Nadu, underscores that reliance solely on disclosure statements without recovery or corroborative evidence violates principles of fairness and due process (02300079171).
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Analysis and Conclusion:
- The prevailing judicial trend indicates that anticipatory bail under the NDPS Act cannot be granted solely on the basis of disclosure statements made by co-accused, especially in the absence of recovery or other substantive evidence.
- Courts tend to scrutinize the credibility of such statements and emphasize the need for corroborative evidence to prevent misuse of bail provisions.
- Therefore, while disclosure statements can influence bail decisions, they are not dispositive without supporting evidence, aligning with constitutional protections against arbitrary detention and ensuring fair trial standards.
Search Results for "Anticipatory Bail in Ndps Act on Disclosure Statement"
2025 Supreme(Online)(P&H) 3632 • India - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL, J
BNSS , 2023 for grant of anticipatory bail to the petitioner in case bearing FIR No.197 dated 20.07.2025 ... Accordingly, the petition is allowed and the order dated 03.09.2025, granting anticipatory bail to the petitioner is hereby made ... , registered for the offences punishable under Sections 15-C /21/61/85 of the NDPS Act , 1985
2022 0 Supreme(SC) 1562 • India - Supreme Court
INDIRA BANERJEE, V. RAMASUBRAMANIAN
Issues: The issues involved the grant of anticipatory bail to the respondents, the reliance on the disclosure statement of ... the NDPS Act, 1985, based on the absence of recovery from the respondents and their implication solely on the disclosure statement ... Anticipatory Bail - NDPS Ac....
2022 0 Supreme(P&H) 283 • India - Punjab and Haryana
VIKAS BAHL
statement was not sufficient to deny anticipatory bail. ... NDPS Act - Anticipatory Bail - Section 15 - Section 37 - Section 438 Cr.P.C. - Tofan Singh vs. ... absence of recovery from the petitioner and the reliance on the co-accused's disclosure statement. ... Statement under Section 67 of NDPS #HL....
2022 0 Supreme(P&H) 78 • India - Punjab and Haryana
VIKAS BAHL
Issues: Grant of anticipatory bail based on implication solely on the basis of disclosure statement, absence of recovery from ... Narcotic Drugs and Psychotropic Substances Act - Anticipatory Bail - Sections 21/29/61/85 - Summary: The court granted anticipatory ... The petitioner was implicated solely based on the disclosur....
2023 0 Supreme(P&H) 432 • India - Punjab and Haryana
JASJIT SINGH BEDI
29) after being named in the disclosure statement of co-accused involved in drug trafficking. ... NDPS Act - Anticipatory Bail - Section 21 of the NDPS Act, 1985 (later Section 29) - [Section 21 of the NDPS Act, 1985 (Section ... Issues: The main issue was the grant of anticipatory bail#H....
2018 0 Supreme(P&H) 1379 • India - Punjab and Haryana
MAHABIR SINGH SINDHU
The petitioner was accused of involvement in smuggling narcotics based on the disclosure statement of a co-accused. ... Fact of the Case: The petitioner sought anticipatory bail in a complaint case under the NDPS Act. ... ANTICIPATORY BAIL - Narcotic Drugs and Psychotropic Substances Act - Sections 8, 18, 21, 23, 2....
2022 0 Supreme(P&H) 696 • India - Punjab and Haryana
NAMIT KUMAR
NDPS Act - Anticipatory Bail - The court dismissed the petition for anticipatory bail under Section 438 Cr.P.C. as the alleged ... based solely on the disclosure statement of the co-accused. ... recovered quantity of contraband was commercial, and the petitioner could not escape liability based on the disclosure statement#HL....
2022 0 Supreme(P&H) 98 • India - Punjab and Haryana
VIKAS BAHL
NDPS Act - Anticipatory Bail - Sections 21(b)/27-A - 21 NDPS Act, 1985, 15, 18, 27A, 29 of NDPS Act, 1985, 140, 188, 216, 419, ... Issues: Anticipatory bail under Section 438 Cr.P.C. based on the disclosure statement of a co-accused, admissibility and veracity ... The petitioner s....
2020 0 Supreme(P&H) 1546 • India - Punjab and Haryana
RITU BAHRI
NDPS Act - Bail - The court granted regular bail to the petitioner based on the disclosure statement made by a co-accused and ... is entitled to anticipatory bail, and applied this principle to grant regular bail to the petitioner. ... Issues: The issue was whether the petitioner was entitled to regular bail based o....
2021 0 Supreme(P&H) 1439 • India - Punjab and Haryana
VIKAS BAHL
The court referred to previous orders and cases to support the grant of anticipatory bail based on the disclosure statement and lack ... 22 and 29 of the NDPS Act, 1985 in the context of granting anticipatory bail to the petitioner. ... Anticipatory Bail - NDPS Act - Sections 22, 2....
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